Infringements Appeals

 

If you believe you've been unfairly issued with a fine, you can have it reviewed.

If you've received an Infringement Notice or Penalty Reminder Notice, this is called an Internal Review.

There are some important things you should know about making a request for a review:

  • Can be made by you or by somebody acting on your behalf with your consent.
      
  • Must be in writing (See how to apply below)
      
  • A request for a review must state the grounds on which you consider the decision should be reviewed.
      
  • You must provide your current address and Infringement Number
      
  • To avoid additional costs and enforcement action being taken against you, a request for a review should be made prior to the due date listed on the Infringement Notice.

On what grounds, can I apply for an Internal Review?

Your application will be assessed on the basis of the following grounds:

Exceptional Circumstances

Please provide details of the exceptional circumstances (where you have committed the offence due to unforeseen or unpreventable circumstances, e.g. medical emergencies). if there has been a mistake of identity.

 

Contrary to Law

Please provide the reasons why you consider the decision to issue you with an Infringement was unlawful (e.g. the Infringement was not valid).

 

Special Circumstances

  • a mental or intellectual disability, disorder, disease or illness
  • a serious addiction to drugs, alcohol or volatile substance
  • homelessness, or
  • family violence within the meaning of the Family Violence Protection Act 2008.

You must provide evidence (e.g. letter, report, statement) from one of the following parties to support your application.

  • a case worker, case manager or social worker
  • a general practitioner, psychiatrist or psychologist, or
  • an accredited drug treatment agency.

Evidence (e.g. letter, statement or a report) from practitioner or case work should include:

  • the practitioner/case worker’s qualification and relationship with you, including the period of engagement;
  • the nature, severity and duration of your condition or your circumstances:
  • whether you were suffering from the relevant condition or circumstances at the time the offence was committed, and
  • whether, in the opinion of the practitioner/case worker, it is more likely than not that your condition/ circumstances resulted in your inability to understand or control the conduct constituting the offence.

The practitioner or agency report must show that because of your condition/situation you could not understand or control constituting the offence.

 

Mistaken Identity

Please provide an explanation of why you rely on the ground of mistake of identity (including evidence e.g. copy of your driver’s licence, in support).

Commencing on the 1st July 2017, a new ground of appeal is stipulated:

 

Person Unaware of Fine

An application made on the ground of ‘person unaware’ must:

  1. Be made within 14 days of you becoming aware of the infringement notice
    (You may evidence the date that you became aware of the infringement notice by executing a statutory declaration)
  2. state the grounds on which the decision should be reviewed, and
  3. provide your current address for service.

 

 

If after reading this you are still not sure and it is in relation to a parking ticket, please visit parking infringements for some examples of common scenarios encountered.

If it is in relation to another offence type and/or you are still unsure which ground may apply, our advice is to select the ground/s that you feel may be applicable (you can choose more than one, or all if you wish) and the information you provide will be considered on its merits.

Applications for internal review should be accompanied by any supportive evidence that you have. By providing this in the first instance you can avoid delays associated with a request for further information or supportive evidence.

 

Need more help with fines & Infringements?

How to apply for an Internal Review

You must send in your application before the due date shown on your notice.

For an appeal to be considered it must meet minimum eligibility requirements and by using the form provided and fully completing it you can ensure that your application can be considered promptly.

If an appeal is received that is incomplete, or in a different format that does not meet the eligibility requirements Council will make attempts to collect the further information required, however cannot commence the review until such time the appeal has meet the statutory eligibility requirements.

If eligibility requirements cannot be met, the appeal will not be considered.


What happens next?Top of document.

An internal review will be conducted, this usually happens within 90 days of receiving your application.

You may be requested to provide further information, in these cases it can take longer.

Once a decision has been made, you will be notified in writing to let you know the outcome.

On review, the reviewer can:

  • withdraw the infringement notice and take no further action against you
  • withdraw the infringement notice and issue an official warning in its place
  • refer the matter to the Magistrates' Court (or the Children's Court if you're under 18)
  • Proceed with the infringement but waive or vary any fees that may be associated
  • Proceed with the infringement but waive or vary any additional steps imposed by the infringement notice (where relevant), or
  • confirm its decision to issue you with an infringement notice

Where a review has determined, the notice is to proceed, you'll need to pay the notice by the due date outlined to avoid being issued with an Enforcement Order Notice and incurring additional costs.

If you need help paying, you can apply for a payment plan.

If you wish to contest the decision, you can elect to go to court by completing Request Court Hearing.

If you wish to nominate another driver for a traffic offence use the Nomination Form.

Note: From the 1 July 2017 there will be a new scheme introduced called Work and Development Permits (WDP).


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